What's happening
This bill requires a court review before bail can be granted to individuals arrested for domestic violence or violating an order of protection, with a hearing within twelve hours.
Why it matters
Increases judicial oversight for domestic violence cases. by ensuring that a judge, not just a police officer or bail staff, reviews every bail application for those arrested on domestic violence or protection order violations, potentially leading to more informed and consistent decisions about release.
Aims to prioritize victim safety. by requiring the court to consider the risk posed to the victim, the circumstances of the arrest, and any prior violent offenses before deciding on bail, which may help prevent further harm or intimidation.
Sets a strict timeline for hearings. so that accused individuals are brought before a judge within twelve hours of arrest, balancing the need for quick judicial review with the rights of the accused to avoid prolonged pre-hearing detention.
Could impact pretrial detention practices. by explicitly prohibiting release on bail before court review, potentially reducing the risk of immediate re-offense but also possibly increasing short-term jail populations for qualifying offenses.
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Who cares
Headline styles
Require Judge for DV Bail
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Judge Review for DV Bail
In Assembly Committee · Codes · Sponsor Kenneth Zebrowski
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5212
2017-2018 Regular Sessions
IN SENATE
March 16, 2017
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to requiring court review of domestic violence bail applications
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "Isol Cotto Act".
§ 2. The criminal procedure law is amended by adding a new section 510.25 to read as follows: § 510.25 Application for recognizance or bail; where defendant is
accused of domestic violence or violating an existing order
of protection.
1. Any individual arrested for an offense relating to: (a) domestic violence, as defined in section four hundred fifty-nine-a of the social services law; (b) violating an existing order of protection issued pursuant to the following provisions of law: subdivision one of section 530.11, subparagraph (i) or (ii) of paragraph (o) of subdivision one of section 330.20, section 530.12 of this chapter, orders issued pursuant to sections two hundred forty and two hundred fifty-two of the domestic relations law, articles four, five, six and eight of the family court act, and an order of protection issued by courts of competent jurisdiction in another state, territorial or tribal jurisdiction; or (c) committing a family offense as defined in subdivision one of section eight hundred twelve of the family court act shall not be released on bail until they have appeared before a judge of the court.
2. The court's review of bail, as provided for in this section, shall include but not be limited to: (a) a review of the circumstances of the arrest; (b) any prior violent offenses; and (c) the risk that the accused poses to the victim if released. Such appearance shall occur within twelve hours of arrest and in no instance may the accused be held under the provisions of this section for more than twelve hours.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04100-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to requiring court review of domestic violence bail applications
Purpose of the bill
This act shall be known as the Isol Cotto Act. This bill will create a provision requiring domestic violence defendants to appear before a judge prior to release on bail.
Summary of provisions
Section 1 states that this act shall be known as the Isol Cotto Act.
Section 2 of the bill creates section 510.25 of the criminal procedure law that mandates an individual arrested for a domestic violence offense shall not be released on bail until they have appeared before a judge.
The court shall assess the risk to the victim in the review of the bail application. If there is no appearance before a judge within 12 hours of the arrest then the accused shall be released on bail.
Justification
This bill requires that an individual arrested for certain domestic violence offenses appear before a judge prior to being released on bail. The intimacy involved in domestic violence makes it different than other crimes. Often times the victim and the accused live together, therefore, when a person is released on bail they immediately come into contact with the victim. The victim may now be at a higher risk for abuse just for reporting the crime.
To lessen this risk a judge should be required to review the circumstances of the case before setting bail. In the case that the accused is unable to appear before the judge then they will be released after 12 hours. The 12 hour period gives both the victim and the accused time apart before they come into contact again. We must ensure that an individual arrested for domestic abuse is safe to return home and not a risk to the victim.
Prior legislative history
Previously introduced.
Fiscal implications for state
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.